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April 26, 2005

Noteworthy district and circuit Booker decisions

A busy Monday with lots of news, combined with the late hour, means I can only quickly note and link some of the recent circuit and district Booker opinions that caught my eye today. Here is a quick run-down:

In US v. Scott, No. 04-1053 (7th Cir. Apr. 25, 2005) (available here), Judge Posner expounds a bit on Booker plain error and states that an "incorrect application of the guidelines requires resentencing under the post-Booker sentencing regime." In Scott, Judge Posner also expounds at length about the nature and scope of criminal restitution.

In US v. Anderson, No. 2-04cr85 (D. Maine Apr. 20, 2005) (available here), Judge Hornby gives a detailed explanation for "a modest variance from the Guidelines." Similarly, in US v. Carey, No. 04-CR-221 (E.D. Wis. Apr. 25, 2005), available for download below, Judge Adelman likewise gives a detailed account of his reasons for a small variance. Both cases provide an interesting view of the parsimony provision (first discussed here post-Booker), and Judge Adelman in a footnote in Carey directly responds to Judge Kopf's recent statement of misgivings about the parsimony provision in his recent Tabor opinion (discussed here).